664960-1887-Foreign-Jurisdiction-Acts-1843-to-1878 — Page 15

7

940

THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.

26.--(1.) When the peculiar circumstances of the case appear to a Court having jurisdiction to grant letters of administration so to require, for reasons recorded in its proceedings, the Court may, if it thinks fit, of its own motion, or otherwise, grant letters of administration to an officer of the Court. (2.) The officer so appointed shall act under the direction of the Court, and shall be indemnified thereby.

(3.) He shall publish such notices, if any, as the Court thinks fit, in Zanzibar, Bombay, the United Kingdom, and elsewhere.

(4.) The Court shall require and compel him to file, in the proper office of the Court, his accounts. of his administration, at intervals, not exceeding three months; and shall forthwith examine them, and report thereon to the Consul-General.

(5.) The accounts shall be audited under the direction of the Consul-General.

(6.) All expenses incurred in behalf of the Court in execution of this Article shall be the first charge on the estate of the deceased in Zanzibar; and the Court shall, by the sale of that estate, or otherwise, provide for the discharge of those expenses.

Civil Appeals to Bombay.

27-(a.) Where any person entitled to appeal to the High Court of Bombay from any decree or order made in the exercise of civil jurisdiction under this Order desires so to appeal, he shall present his Memorandum of Appeal to the Court which made the decree or order, and subject to the provisions hereinafter contained, that Court shall receive the same for transmission to the High Court in manner hereinafter provided.

(b.) The appellant shall give security to the satisfaction of the Consul-General, and to such amount as the Consul-General thinks reasonable, for prosecution of the appeal, and for payment of any costs that may be ordered by the High Court of Bombay on the appeal to be paid by the appellant to any person.

(c.) The appellant shall pay into the proper office of the Court which passed the decree or order such sum as the Consul-General thinks reasonable, to defray the expense of the making up and trans mission to the High Court of Bombay of the record.

28. The appellant may, with his Memorandum of Appeal, file any argument which he desires to submit to the High Court of Bombay in support of the appeal.

29-(a.) The Memorandum of Appeal and the argument (if any) shall be served on such persons as respondents as the Court in which they are filed directs.

(b.) A respondent may, within seven days after service, file in that Court such arguments as he desires to submit to the High Court of Bombay against the Appeal.

(c.) Copies thereof shall be furnished by the Court in which they are filed to such persons as Court thinks fit.

the

30.-(a.) On the expiration of the time for the respondent filing his argument, the Court shall, without the application of any party, make up and send to the Consul-General the record of appeal, which shall consist of the Memorandum of Appeal and the arguments (if any), and certified copies of the following, namely, the plaint, written statements (if any), all proceedings, all written and docu- mentary evidence admitted or tendered, the notes of the oral evidence, the Judgment, and the decree or order.

(b.) The several pieces shall be fastened together consecutively numbered, and the whole shall be secured by the seal of the Consul-General, and be forthwith forwarded by him to the High Court of Bombay.

(c.) The Consul-General may, if for special reasons he thinks fit, send any portion of the docu- mentary evidence in original to the High Court.

PART VI.-VICE-ADMIRALTY.

31. Consul-General shall, for and within Zanzibar, and for vessels and persons coming within Zanzibar, and in regard to vessels captured on suspicion of being engaged in the Slave Trade, have all such jurisdiction as for the time being ordinarily belongs to Courts of Vice-Admiralty in Her Majesty's possessions abroad.

PART VII-ZANZIBAR and Foreign SUBJECTS AND TRIBUNALS.

Zanzibar Subjects.

32.-(a.) It being provided by Article V of the Convention of Commerce between Her Majesty the Queen and His Highness the Imaum of Muscat, signed at Zanzibar, 31st May, 1839 (among other things), as follows:-

"When differences arise between a subject of the dominions of His Highness the Sultan of Muscat and a Britain subject, if the former is the complainant the cause shall be heard by the British Consul or Resident Agent, who shall administer justice thereupon.

Every such canse shall in Zanzibar be heard by a Court established under this Order.